How California's new non-smoking law will affect renters

A new California law gives landlords the authority to ban smoking tobacco in rental units, expanding the availability of smoke-free housing in the state.

Gov. Jerry Brown signed the measure, sponsored by Sen. Alex Padilla (D-Pacoima,) earlier this month and it goes into effect Jan. 1. (Read the language of SB 332 here.)

"While more than 86 percent of Californians do not smoke, there is currently very little smoke-free housing in California," Padilla said in a statement. "Living in multifamily housing should not compromise the health of renters or their children. This new law will provide tenants with healthier choices."

Right now, a landlord has control of rental-agreement terms on pets, noise and furniture, such as waterbeds -- but not smoking. The new law would change that.

Padilla said secondhand smoke, which can be dangerous to one's health, can move out of open windows and doors, and shared ventilation systems.

Kathy Belville, a partner at law firm Kimball, Tirey & St. John in San Diego, in an email to the Union-Tribune explains the law and its potential impact on renters and landlords in California:

Q1: What does the new non-smoking law do?

A: The governor recently signed a new state law that confirms landlords have the right to restrict smoking on residential rental properties.

Q2: What kind of impact will this law have on the apartment industry?

A: Given that the percentage of smokers in the state is down to 13 percent, many landlords are instituting such policies in order to reduce the danger of fire, the expenses associated with turnover and complaints from neighbors about second-hand smoke.

Q3: Why is the new law important?

A: The new law makes it clear that smokers are not somehow protected from smoking restrictions on their homes.

Q4: Does the new legislation touch on medical marijuana?

A: The new law does not address marijuana. It could arguably apply to smoke of any kind. In addition, marijuana is illegal under federal law, notwithstanding the state law, which purports to legalize it.

Q5: How often does your office get questions on smoking issues, be they related to marijuana or tobacco?

A: I receive several calls about smoking and medical marijuana every day because tenants think they have the right to be protected from tobacco smoke but are allowed to smoke medical marijuana...and their landlords call for our input. Neither issue is easily resolved.

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